I agree. We just won a temporary victory, i.e. the Supreme Court “stayed” the mandate for now until the lower court rules on the actual constitutionality of the mandate.
The Sixth Court of Appeal could say that the mandate is constitutional. Actually it lifted the mandate imposed earlier by the Fifth Circuit when the Sixth Court got involved after it was designated to hear the various related cases. So, the Sixth Circuit may not be too unfriendly to the mandates. However, today’s ruling by the Supreme Court, while not directly on point, suggests that the Supreme Court doesn’t view the mandate to favorably. Thus, it is possible that the Sixth Circuit could take that into account when it finally rules on the constitutionality of the mandate.
If the Sixth Circuit rules that the mandate is constitutional, then we just have to hope that the Supreme Court is willing to accept an appeal (it doesn’t have to) and then, if so, to rule in our favor.
We’ll see. This is not over.
There are two flavors of OSHA mandate too. OSHA will get a second bite at the apple here.
The current set of cases are on an ETS, Emergecy, Temoprary standard. No public notice or comment. The hazard must present a grave risk, and the cases are originally heard in Circuit Court, not District court.
The "regular" rule, which is likely going to nearly identical to the ETS, hasn't gone into effect yet, so not ripe for lawsuit. when it is, those will go through District court, and apt to not even be heard by SCOTUS, even if Circuit Courts hold the mandate to be part of Congressional grant of power to OSHA.
In other high profile cases, the courts find a way to distribute the "feds have this power" or "the people don;t have this right" decisions between Circuits and SCOTUS.
-- We'll see. This is not over. --
Not by a long shot. The last things I expect from any branch of government are honesty and fairness.
“If the Sixth Circuit rules that the mandate is constitutional”
It’s in SCOTUS’s hands now.
I am confused...
I know the 6th circuit court overruled the initial stay by the 5th circuit court, however, doesn’t the decision now go back to the 5th circuit court?
I think it does and we should be safe.